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DEEPAK MISHRA (assistant Professor)     28 September 2013

Time period for filing protest petition?

Sir,

wife lodged an FIR under 498a,504,506,313,323 section3/4 on 17/09/11 and took it back on 02/10/11 by signing an Affidavite in police station in UP. On 07/10/11 police submitted FR and JURM KHAARIJA report to the court. Since that time she is staying with her parents and working.She never receive the summons from the court. Now she is threatening us to pay money to her else she will reopen the case.Sir now i have some questions-

1) What is maximum time in which she can file Protest Petition?

2) What is maximum time in which she can reopen the case?

3) When the court will accept this FR and quash the case?

4) If case can be opened, will this delay and her affidavite support me in FIR quashing?

5) Will supreme court decision "if any criminal case has been pending for 3 years and no activity has been done in this, it will be discharged automatically" will help me in above regard?

6) Should i go to High Court in UP For FIR Quash?



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 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 September 2013

Dear Querist

my opinion on your queries are as under:

1) What is maximum time in which she can file Protest Petition?

Opinion: at the time of filing FR or before accepting the FR by court.

2) What is maximum time in which she can reopen the case?

Opinion: she has no right to reopen the case but she can file a complaint case before court, there is no specific time limit.

 

3) When the court will accept this FR and quash the case?

Opinion: Yes the court accept the FR & discharge all the accused as acquittal after give an opportunity to hear the complainant

4) If case can be opened, will this delay and her affidavit support me in FIR quashing?

Opinion: can not reopen the case, fresh complaint have to be filed.

 

5) Will supreme court decision "if any criminal case has been pending for 3 years and no activity has been done in this, it will be discharged automatically" will help me in above regard?

Opinion: this judgement has been overruled

 

6) Should i go to High Court in UP For FIR Quash?

Opinion: if FR accepted by court then no need to go

 
1 Like

DEEPAK MISHRA (assistant Professor)     29 September 2013

Sir in question 3, when police submitted FR and Jurm Khaarija report to the court, the court sent summnons to her but she didn't receive anyone.Can the court not accept the FR and discharge the case without hearing to her?and if so then after how much time court will wait for her and then accept FR?

If on today i go for discharge petition if FR not accepted, will this discharge happen easily?

DEEPAK MISHRA (assistant Professor)     29 September 2013

in question 4 if she files a complaint case, what are the steps the court will follow? please........

DEEPAK MISHRA (assistant Professor)     29 September 2013

If the court accept the FR, can she file complaint?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 September 2013

Dear Deepak

No. 3 the court have power to accept the FR if the complinant is not appear before the court after received the summons.

no. 4, if the court accept the complaint then the court follow the section 200 or 202, its depend on court.

yes she can file there is no bar to file complaint

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 September 2013

If the summons are served properly to the complainant, and she has failed to appear, the court may afford another opportunity to her and then accept the FR.

 

The court suo-moto can also reject the FR and take cognizance of the matter.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
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